JUDGMENT :

1. Heard learned counsel for the petitioners and the learned Standing Counsel for the State-respondents.

2. The present writ petition is preferred challenging the order dated 28th January, 2015 passed by DIG (Establishment), Police Head Quarter, U.P., Allahabad and with a further prayer to issue a mandamus directing the respondent no.2 to appoint petitioner no.2 on compassionate ground in the office of the respondent.

3. The submission of the learned counsel for the petitioners is that the husband of petitioner no.1 and father of petitioner no.2, namely, Late Prem Shankar Dwivedi was a Constable and he was posted at District Sultanpur in the year 1999. Late Prem Shankar Dwivedi died during his service while working on the post of Constable in District -Sultanpur. After the death of the deceased employee, petitioner no.1 submitted a representation dated 9th September 1999 before respondent no.2 and requested that petitioner no.1 is an illiterate lady and, therefore, compassionate appointment may be granted to her elder son, namely, Shri Dinesh Kumar Dwivedi, as there is no earning member in the family of petitioner no.1 after death of her husband.

4. After completion of all the formalities and after due inquiry with regard to financial status of family, respondent no.2, has issued appointment letter dated 11th December, 2014 appointing Shri Dinesh Kumar Dwivedi (eldest son of deceased employee) on the post of Constable (M) and the aforesaid appointment letter dated 11th December, 2004 further provided that Shri Dinesh Kumar Dwivedi will appear before the Police Training Centre, Moradabad on 15th December, 2004 for six months training. Unfortunately, mental condition of Dinesh Kumar Dwivedi was very serious on 14th December, 2004 and, therefore, in place of joining the place of Training Centre, Moradabad for training on 15th December, 2004, he was hospitalized at Primary Health Centre, Tarun, Faizabad on 17th December, 2004 as he was suffering from mental disease and was continuously undergoing treatment.

5. On account of the aforesaid fact, eldest son of petitioner no.1 (namely Shri Dinesh Kumar Dwivedi ) could not join the aforesaid post. On 2nd May, 2006, petitioner no.1 filed a representation along with an affidavit before the respondent no.2 with a request that mental condition of her son namely Shri Dinesh Kumar Dwivedi has deteriorated and is unable to join the post in question and as such appointment letter may be issued in favour of petitioner no.2, being younger son of petitioner no.1, namely, Shri Manoj Kumar Dwivedi for being appointed on compassionate ground.

6. After receiving the aforesaid representation of petitioners, respondent no.2 did not pass any order and as such petitioners preferred a reminder dated 1st January, 2008 before respondent no.2 along with an affidavit and medical certificate of Shri Dinesh Kumar Dwivedi. The petitioners thereafter approached the respondent no.2 on several occasions for consideration of appointment of petitioner no.2 on compassionate ground in place of his elder brother. However, no action was taken on the request of the petitioners.

7. Thereafter, the petitioner no.2 met respondent no.2 personally on 2nd July, 2008 at his office and narrated the entire grievance and further requested for grant of compassionate appointment. On the aforesaid, respondent no.2 orally directed the petitioner no.1 to file a fresh representation in respect of grant of compassionate appointment and in furtherance thereof, petitioner no. 1 has filed a representation dated 5th July, 2008 along with an affidavit and medical certificate of Shri Dinesh Kumar Dwivedi before the respondent no.2.

8. Despite the aforesaid representation, no order was passed by the respondent no.2 for grant of compassionate appointment and as such the petitioner preferred Writ-A No.67008 of 2008 before this Court wherein a direction was issued on 27th August, 2012 to respondent no. 2 to consider the claim for compassionate a